Item - 2022.TE31.10

The Toronto and East York Community Council recommends that:

1. City Council approve the Rental Housing Demolition application (18 136700 STE 28 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of eight (8) existing rental dwelling units at 161 Parliament Street and 90-94 Power Street, subject to the following conditions:
 

a. The owner shall provide and maintain eight (8) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental unit or convert any replacement rental unit to a non-residential rental purpose. The eight (8) replacement rental units shall collectively contain a total gross floor area of 868 square metres and be comprised of six (6) two-bedroom units and two (2) three-bedroom units, as generally illustrated in the plans submitted to the City Planning  dated September 10, 2021. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning .

b. The owner shall provide and maintain at least two (2) three-bedroom replacement rental dwelling units at affordable rents, as currently defined in the Toronto Official Plan, and six (6) two-bedroom replacement rental units at mid-range rents, as defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit.

c. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the eight (8) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents and other assistance, including rent gap payments, to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning .

e. The owner shall provide tenants of all eight (8) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings.

 
f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants.

g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants.

h. The owner shall provide and make available for rent at least two (2) vehicular parking spaces to tenants of the replacement rental dwelling units at a monthly parking charge that is no greater than the monthly charge offered to residents of the non-replacement rental dwelling units and on a first come-first serve basis.

 
i. The owner shall provide tenants of the replacement rental dwelling units with access to visitor vehicular parking at no charge and on the same terms and conditions as it is offered to any other resident of the proposed development.

j. The owner shall provide and make available at least seven (7) bicycle parking spaces to tenants of the replacement rental dwelling units at no charge and on a first come-first serve basis.

k. The owner shall provide and make available for rent at least three (3) storage lockers to tenants of the replacement rental dwelling units at a monthly storage locker charge that is no greater than the monthly charge offered to residents of the non-replacement rental dwelling units and on a first come-first serve basis.

l. The eight (8) replacement rental dwelling units required in Part 1.a shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy.

m. The owner shall enter into, and register on title to the lands at 161 and 167 Parliament Street, 351, 363, 371, and 373 Queen Street East, and 80, 90, 92, and 94 Power Street, one or more agreement(s) to secure the conditions outlined in Recommendations 1.a through 1.l above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning .

 
2. City Council authorize the Chief Planner and Executive Director, City Planning  to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of the eight (8) existing rental dwelling units at 161 Parliament Street and 90-94 Power Street after all the following have occurred:
 

a. all conditions in Recommendation 1 above have been fully satisfied and secured;

 
b. the Official Plan Amendment and Zoning By-law Amendments have come into full force and effect;

c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning  or their designate pursuant to Section 114 of the City of Toronto Act, 2006;

 
d. the issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site;

 
e. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

 
f. the execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 1.a. through 1.j above and any other requirements of the Zoning-Bylaw Amendments (if applicable).

 
3. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 2 above.
 

4. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 161 Parliament Street and 90-94 Power Street after the Chief Planner and Executive Director, City Planning  has given Preliminary Approval referred to in Recommendation 2 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:
 

a. the owner removes all debris and rubble from the site immediately after demolition;

 
b. the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

 
c. the owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing buildings commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

 
d. should the owner fail to complete the proposed development containing the eight (8) replacement rental dwelling units within the time specified in Recommendation 4.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

 
5. City Council authorize the appropriate City officials to take such actions as are necessary to implement the above recommendations, including execution of the Section 111 agreement and other related agreements.

The Toronto and East York Community Council held a statutory public meeting on February 16, 2022 and notice was given in accordance with the Planning Act.

A Rental Housing Demolition application (18 136700 STE 28 RH) has been submitted under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the residential rental property at 161 and 167 Parliament Street, 351, 363, 371, and 373 Queen Street East, and 80, 90, 92, and 94 Power Street.

The application proposes to demolish a series of low-rise residential and commercial buildings that collectively contain eight rental dwelling units in order to redevelop the lands with a 27-storey apartment building comprised of 453 dwelling units, including eight replacement rental units. Commercial retail uses, including space for a potential supermarket, would be located on the first and second floors. The total Gross Floor Area (GFA) of the proposed development is approximately 34,900 square metres, of which approximately 31,300 square metres is residential GFA and approximately 3,600 square metres is non-residential GFA, resulting in a Floor Space Index (FSI) of 7.22 times the lot area.

The properties are also the subject of a combined Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) application (18 136695 STE 28 OZ), which was appealed to the Ontario Land Tribunal (OLT), formerly the Local Planning Appeal Tribunal (LPAT), in September 2019 (Case No. PL190470) due to City Council's failure to make a decision on the applications within the timeframe prescribed by the
Planning Act. A settlement offer was endorsed by City Council on October 27, 2020. Council deferred making a decision on the Rental Housing Demolition application and directed staff to request the OLT to withhold its Order on the OPA and ZBA appeals until such time as the Rental Housing Demolition application has been approved by Council and all appropriate conditions associated with the Rental Housing Demolition Permit, including the execution of any necessary agreements, have been satisfied.

On November 23, 2020, the LPAT issued a Decision approving the proposed OPA and ZBAs in principle and witheld its final Order until outstanding matters, including a decision by City Council on the Rental Housing Demolition application, are resolved.

This report recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.